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HomeMy WebLinkAboutGEO DESIGN, INC.AGREEMENT TER- . CATION Please complete this form when the attached agreement is no longer in effect c Return form to the Deputy Clerk of the Council (M -30). Call 647 -5238 if you have any questions. The agreement with No. N -,-00- D05 was completed on // %�r) and final payment has been made. Department: ,0 C O 5lGLl Signature: a* �P/, S�- Dater /69 /I �2 City of Santa Ana Clerk of the Council Revised 05 -22 -08 N-2008-085 INSURANCE ON FILE WQRK MAY PROCEED UNTIL INSURANCE EXPIRES ~ ~.OR - GLER~uNCIL CONSULTANT AGREEMENT DAZE: ~ -15-~ ~~ D~~i~ ~ THIS AGREEMENT, made and entered into this 8a' day of July, 2008 by and between Geo Design, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of geotechnical engineering to provide pavement evaluation services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance ofthis Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed incompliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall provide pavement evaluation services as set forth in Consultant's Proposal dated June 27, 2008, attached hereto as Exhibit A. Consultant shall demonstrate the reliability of the GPR system by evaluating a 500 foot test section as set forth in Consultants Memorandum dated July 7, 2008, attached hereto as Exhibit B. If the system is demonstrated to be reliable, City will authorize Consultant to continue the pavement evaluation services as set forth herein. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement not exceed $24,900, during the term ofthis agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on completion of the services, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to properly, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits of $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. [f Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from (1) liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the operations ofthe Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 ofthis Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligent acts, omissions or willful misconduct of Consultant in the performance of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance ofthis Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources, (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-5635 Attn: Souri Amirani and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Consultant: Geo Design, Inc. 2121 South Towne Centre Place, Suite 130 Anaheim, CA 92806 Telefacsimile: (714) 634-3711 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. [n such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. ,IiJRISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ~~ ?. ~«t ATRIC[A E. HEALY Clerk of the Council CITY OF SANTA ANA -- DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By. L a Sheedy Assistant City Att FOR APPROVAL: GEO DESIGN, INC. STOPHER J. ZADOORIAN Principal Engineer n Tax ID# ~ ~ ~~] i5 (~~ c~S Director -Public Works Agency DESIGN= June 27, 2008 City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Attention: Mr. Hamid Torkamanha Proposal Geotechnical Engineering Services City of Santa Ana Neighborhood Coring 20 Civic Center Plaza Santa Ana, California GeoDesign Project: SantaAna-1-O1 INTRODUCTION GeoDesign, Inc. is pleased to submit this proposal to provide geotechnical engineering services for the evaluation of existing pavement sections for the purpose of identifying the thickness of the asphalt pavement layer, the thickness of the base materials, and the general nature of the subgrade soils. The data collected from this evaluation will be used to plan and bid cold-in-place recycling (CIR) for improvement of the existing pavement sections. As we discussed with you during a meeting on June 23, 2008, we proposed to perform the evaluation using a combination of ground penetrating radar (GPR) and discreet coring. The GPR would be performed by GeoVision, Inc. The pavement coring will be coordinated, planned, and directed in the field by our firm using JDK Drilling to perform the actual coring. Based on the information forwarded to us by Mr. Carlos Castellanos of your group, the area of evaluation will consist of the Artesia Pilar Neighborhood, which extends roughly from 17" Street on the north to 1" Street on the south and is bounded by Bristol Street on the east and Fairview Street on the west. The neighborhood includes 53,028 lineal feet of streets planned for evaluation, corresponding to approximately 10 miles. This proposal presents our proposed scope and fee to provide geotechnical consultation and a contingency to provide supplemental investigation and analysis, if determined necessary. 2121 5 Towne Centre Place - 6uice 130 1 Anaheim CA 92806 I ofi 714.634.3701 I Fax 714.634.3111 EXHId~~I` q SCOPE OF SERVICES Based on our discussions with you and our review of the information provided by your office, we will initially perform GPR for each street. The GPR will be performed using GSSI SIR 20 B unit with air coupled horn antennas. The GPR traverses will generally be collected 8 feet from the curb on one side of the street; however, we will select approximately 10 percent of the streets, or approximately 5,300 lineal feet, to perform supplemental traverses at other locations on the streets in order to develop representative profiles for these streets. The data from the GPR will be reviewed in real time as well as downloaded for further processing using GSSI's Radon software and/or Road Doctor software. The electronic data will be available in Excel format for transfer to and use by the City. If requested, a formal report of the GPR will be prepared. Based on the results of the GPR, we will perform discreet cores at 60 to 80 locations. The purpose of the pavement cores is to calibrate the results of the GPR, identify the subgrade soils, and to further investigate any areas that the GPR results may not be conclusive. For the purposes of this proposal, we have planned 4 days of coring work. Upon completion of our analysis, we will complete the Excel spreadsheet provided to indicate the pavement thickness, base thickness, and subgrade soil type at each core location, and we will also indicate the average pavement and base thickness for each traverse in S00-foot lengths based on the results of the GPR. Prior to performing the coring, we will visit the site to mark the planned core locations in the field and subsequently call each location in to Underground Service Alert. We respectfully request that City personnel contribute to this component of our work to further minimize the potential for encountering utilities in our cores. SCHEDULE We can initiate our services within 2 weeks of receiving authorization, and we estimate the GPR work will take 2 days in the field and 10 days to process that data. Coring will be initiated within 5 days of the completion of the GRP data processing and is estimated to take 4 days. We can issue the summary Excel spreadsheet as outlined above within 7 weeks (35 working days) of receiving authorization. FEES The fee for the outlined geotechnical investigation will be on atime-and-materials basis and will not exceed 524,900 without your authorization. The fee is broken down as follows: ~~ESIG N= z SantaAna-l-Ol :062708 GPR -Field and Data Reduction S 13,100 Pavement Cores 9,300 Report Preparation (if requested) 2.500 Subtotal $24,900 Our services will be performed in accordance with our Schedule of Charges and General Conditions that are attached and are a part of this proposal. ~DFS IG N` 3 santaAna-7 -Ol :062708 We sincerely appreciate the opportunity to present this proposal and look forward to working with you and your group and contribute to successful completion of the planned street improvements. Please contact us with any questions or comments or if further information is necessary. Formal authorization for our services can be provided by returning one signed copy of this proposal. Sincerely, GeoDesign, Inc. Susan F. Kirkgard, C.E.G. #1754 Associate Geologist Christopher. Zadoorian, G.E. #2493 Principal Engineer SFK:CJZ:kt Attachments Two copies submitted Document lD: SantaAna-1-07-062708-geop.doc © 2008 GeoDesign, Inc. All righu reserved. The scope of services and terms described herein are accepted, and GeoDesign, Inc. is authorized to proceed. Organization Date by Signature* by Name Printed by Title 'Individual with contracting authority and responsible for payment of GeoDesign, Inc.'s fees. ~~ESI G N- a SantaAna-1-01:062708 ~~ESIGN? Memorandum Page 1 of 3 To: ~ Hamid Torkamanha From: l ChristopherJ. Zadoorian, G.E._ Company: City of Santa Ana Date: July 7, 2008 Design Engineering Section Public Works Agency ___ Address: 20 Civic Center Plaza M-36 P.O. Box 1988 Santa Ana, CA 92702 cc: ,Mark Riches, GEOVision GDI Project: SantaAna-1-O1 ------ L --, -- RE: ', City of Santa Ana Neighborhood Coring II Test Section for GPR -Concept INTRODUCTION This memorandum presents a brief summary of our July 1, 2008 discussion with you. and Mark Riches of GEOVision regarding our proposal for geotechnical engineering services dated June 27, 2008. TEST SECTION It is our understanding that the City of Santa Ana (City) would like our team to provide a demonstration of the ground penetrating radar (GPR) technology that we have proposed for use in evaluation of the existing pavement sections in the Artesia Pilar neighborhood. Based on our discussions with you, the City will select a test section approximately S00 feet in length of which conclusive design and construction records are available so that the existing pavement and base thickness is known. GEOVision will perform GPR on the test section, analyze the data, and provide their estimate of the pavement and base thickness for review by the City. The City will review GEOVision's interpretations of the data (i.e., pavement and base thickness) and decide if the GPR technology is suitable for their intended use. PRECISION OF GPR FOR TEST SECTION Typically, the GPR interpretations should be calibrated based on measured pavement thickness in sufficient locations for statistical significance, or depending on where the pavements design changes or when asphalt was laid. However, since in the demonstration case if the City provided that 2121 S Towne Centre Place -Suite 130 I Anaheim CA 92806 I orr 714.634.3701 I F~ 714.634.371 1 t x!! Sl'? ~ ~~ ~DESIGNz Memorandum Page 2 of 3 information, it would somewhat defeat the purpose of the demonstration; correlating pavement thickness data will not be available as part of the demonstration. As we discussed with you, GEOVision's interpretations are based on an assumed dielectric constant of the asphalt pavement. This electrical property affects the speed at which electromagnetic waves, like radar, travel through the asphalt. This travel time is what is used to measure thickness. As asphalt mixes vary in density and porosity, the rate at which waves travel varies. We anticipate that the maximum variation associated with variable asphalt mixes would result in a corresponding maximum variation in the precision of the GPR interpretations of about 10 percent. Once provided with pavement core data, as planned for our evaluation of the Artesia Pilar neighborhood, the degree of precision of the GEOVision interpretations would be near 100 percent at and near the core locations, and would vary elsewhere to the extent the asphalt characteristics are different. Therefore, when evaluating the results of the test section, it should be understood that the degree of precision allowed without pavement and base thickness data to calibrate the GPR interpretations is limited to be plus or minus 10 percent of the actual thicknesses. In this case, for a pavement thickness of 10 inches, a successful GPR interpretation would be plus or minus 1 inch and similarly for a pavement thickness of 5 inches, a successful GPR interpretation would be plus or minus 0.5 inch. SCHEDULE AND LOGISTICS OF TEST SECTION AND PLANNED WORK As we discussed, GPR for the test section is currently planned for Monday, July 14, and the results of the field screening will be interpreted and presented to the City on Tuesday, July 1 5. If the results are acceptable to the City, the remaining field work would be performed July 16 and 17. In this scenario, a formal contract would need to be available for execution on July 15. To the extent possible, we respectfully request advanced confirmation from you that if in fact the test section is deemed successful, our team will be awarded this work in the time frame outlined in the above paragraph. If we are not awarded the work as outlined above, it will be at least one month before the necessary equipment is available to complete the work. Pavement coring would be scheduled to commence as outlined in our proposal dated June 27, 2008. CLOSING We sincerely appreciate the opportunity to provide professional services to assist your overall pavement evaluation and improvement projects and welcome the opportunity to further discuss our planned scope or work and schedule with you. CJZ:kt 2121 S Towne Centre Place -Suite 1 30 1 Anaheim CA 92806 I orc 714.634.3701 I Fax 714.634.3711 _DESIGN~ Memorandum Page 2 of 3 information, it would somewhat defeat the purpose of the demonstration; correlating pavement thickness data will not be available as part of the demonstration. As we discussed with you, GEOVlsion's interpretations are based on an assumed dielectric constant of the asphalt pavement. This electrical property affects the speed at which electromagnetic waves, like radar, travel through the asphalt. This travel time is what is used to measure thickness. As asphalt mixes vary in density and porosity, the rate at which waves travel varies. We anticipate that the maximum variation associated with variable asphalt mixes wou'ld result in a corresponding maximum variation in the precision of the GPR interpretations of about 10 percent. Once provided with pavement core data, as planned for our evaluation of the Artesia Pilar neighborhood, the degree of precision of the GEOVision interpretations would be near 100 percent at and near the core locations, and would vary elsewhere to the extent the asphalt characteristics are different. Therefore, when evaluating the results of the test section, it should be understood that the degree of precision allowed without pavement and base thickness data to calibrate the GPR interpretations is limited to be plus or minus 10 percent of the actual thicknesses. In this case, for a pavement thickness of 10 inches, a successful GPR interpretation would be plus or minus 1 inch and Similarly for a pavement thickness of 5 inches, a successful GPR interpretation would be plus or minus 0.5 inch. SCHEDULE AND LOGISTICS OF TEST SECTION AND PLANNED WORK As we discussed, GPR for the test section is currently planned for Monday, July 14, and the results of the field screening will be interpreted and presented to the City on Tuesday, Juiy 1 5. If the results are acceptable to the City, the remaining fieid work would be performed July 16 and 17. In this scenario, a formai contract would need to be available for execution on July 15. To the extent possible, we respectfully request advanced confirmation from you that if in fact the test section is deemed successful, our team will be awarded this work in the time frame outlined in the above paragraph. If we are not awarded the work as outlined above, it will be at least one month before the necessary equipment is available to compiete the work. Pavement coring would be scheduled to commence as outlined in our proposal dated June 27, 2008. CLOSING We sincereiy appreciate the opportunity to provide professional services to assist your overall pavement evaluation and improvement projects and welcome the opportunity to further discuss our planned scope or work and schedule with you. qZ:kt 2121 S Towne Centre Place - Suite 130 I Anaheim CA 92806 I Off 714.634.3701 I F~ 714.634.3711 _DESIGN~ Memorandum Page 3 of 3 One copy submitted DocumentlD: 5antaAna-!-OI-070708-geom.doc @ 2008 GeoDesign, Inc. All rights reserved. 2121 5 Towne Centre Place - Suite 130 I Anaheim CA 92806 I Off 714.634.3701 I F.x 714.634.3711 .. ~. EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf ofthe named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf ofthe named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit ofthe additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits ofliability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective. ) , this endorsement form as a part of Effective Policy # Issued to Named Insured Countersigned by Authorized Representative 8 I ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYY) 07/08/08 PRODUCER 0529776 1_510_547_3203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Diversified Risk Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5900 Christie Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Emeryville. CA 94608 INSURERS AFFORDING COVERAGE INSURED INSURER A: OneBeacon A1l1erica Insurance Co. Geo Design. Inc.; INSURER B: RSUI Indemni ty Company Benthic, LLC 2121 S. Towne Centre Place, Suite 130 INSURERC:Travelers Indemnity Company Anaheim, CA 92806 INSURER 0: , INSURER E: THE POLICIeS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ll~~!l TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION l..1MlTS A ~NERAL UABIl..lTY 718009864-0001 02/01/08 02/01/09 EACH OCCURRENCE $1,000,000 X COMMERCiAl GENERAL lIABILITY FIRE DAMAGE (Anyone flrel $1,000,000 I CLAIMS MADE 0 OCCUR MED EXP IAnv one person) $ 10,000 f- PERSONAl & ADV INJURY $1,000,000 f- GENERAL AGGREGATE S 2,000,000 n'lAGG:~lIMIT AP~S PER. PRODUCTS. COMP/OP AGG $ 2,000,000 POLICY X I ~~g. X lOC A M.TOMOBILE LIABILITY 718009864-0001 02/01/08 02/01/09 COMBINED SINGLE LIMIT $1,000,000 ~ ANY AUTO (Eaacddent) - All OWNED AUTOS BODilY INJURY SCHEDULED AUTOS (Per person) S - -" HIRED AUTOS BODilY INJURY -" NON-OWNED AUTOS (Per accident) $ - PROPERTY DAMAGE $ (Per accident) ~GE UABIL'TY AUTO ONLY. EA ACCIDENT $ ANY AUTO EA Ace S OTHER THAN AUTO ONLY: AGG $ B W~SS LIABILITY NHA220632 02/01/08 02/01/09 EACH OCCURRENCE $ 5,000,000 X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 $ R DEDUCTIBLE $ RETENTION $ S C WORKERS COMPENSATION AND PKUB2324C73208 02/01/08 02/01/09 X I WC STATU.., I IOJ,ti- EMPLOYERS' LIABILITY E.l. EACH ACCIDENT $1,000,000 Oregon, California, Nevada EL. DISEASE - EA EMPLOYEE $1,000,000 E.l. DISEASE. POLICY LIMIT S 1,000,000 OTHER . . " . DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLES/EXClUSIONS ADDED BY ENDORSEMENT/SPEClAL PROVISIONS General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached OneBeacon Additional Insured endorsement & VCA201 0205. City of Santa Ana, its officers, employees, agents, volunteers and representatives as additional insured if required by written contract/agreement. proj ec t: City of Santa Ana Neighborhood coring CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Ten Day Notice for Non-Payment of Premium SantaAna-l-01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Ci ty of Santa Ana ,\l"PRU'ii:D ..-'\3 TO FORM DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN - ~~ 0,,"/0 / /~ NOTK:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL H~id Torkamanha PO Box 1988 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. / :g/ :,{ Santa Ana, CA 92702 [~tl;r,. _,. :.:.~,:\J ' AUTHORIZED REPRESENTATIVE , AS~lst~...nity AttlJr:1cy ~~Aill- ACORD 25-S (7/97) skargsr 9288947 @ACORDCORPORATlON 1988 COVERAGES Certificate Delivery by CertificatesNow - www.ConfirmNet.com-877.669.8600 ~ Excerpts from: OneBeacon Form VCA 201 0205 @VANTAGE FOR AUTOMOBILE BUSINESS AUTO COVERAGE FORM Policy Number: Insurer: Policy Period: Named Insured: 718009864-0001 One Beacon America Insurance Co, February 1, 2008 to February 1, 2009 Geo Design Inc.; Benthic LLC 1, ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II - LIABILITY COVERAGE is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an insured oniy with respect to liability for "bodiiy injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos", With respect to the insurance afforded to these additional insureds, this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage"; b. To any person or organization included as an insured by endorsement or in the Declarations, or c. To any iessor of "autos' when their contract or agreement with you for such leased "auto" ends. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights Of Recovery Against Others To Us condition under SECTION IV - LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is in writing and executed prior to the "bodily injury" or "property damage". Page 1 of 1 TRA VELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) - 03 POLICY NUMBER: (PKUB-2324c73-2-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 01-25-08 ST ASSIGN: POLICY #: INSURED: 718009864-0001 Geo Design Inc.; Benthic LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 1204 is amended by the following wording. b. GL CONTRACTORS EXTENDER paragraph I. ADDITIONAL INSURED - REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. I. WHO IS AN INSURED - (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person Of organization is only an additional insured with respect to liability for "bodily injury'" "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. OneBeacon America c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (ll(a) of the Poliution exclusion (Section I - Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time '"your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. Page 1 of 1 Excerpts from: OneBeacon Form VCG 2060205 @VANTAGE FOR GENERAL LIABILITY - CONTRACTORS COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number: Insurer: Policy Period: Named Insured: 718009864-0001 OneBeacon America Insurance Co. February 1, 2008 to February 1, 2009 Geo Design Inc.; Benthic LLC 5. BLANKET WAIVER OF SUBROGATION Section IV _ Transfer of Rights of Recovery Against Others to Us Condttion is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and Included in "your work" or the "products-completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage". that requires you to waive your rights of recovery. Page 1 of 1 CERTIFICATE OF INSURANCE Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 9492S . ~.,. .." "..)~ ';'''''~' DATE 07/08/08 NAME AND ADDRESS OF INSURED GeoDesign, Inc. 15575 SW Sequoia Parkway, Suite 100 Portland, OR 97224 This certifies that the insurance policy (described below by a policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and does not alter, amend or extend the coverage afforded by that policy. Notwithstanding any requirement, term or condition of any contract or other document to which this certificate may pertain, the insurance afforded by the policy is subject to all of its terms, exclusions and conditions. TYPE OF INSURANCE Professional Liability POLICY NUMBER 208160 EFFECTIVE DATE 01101/08 EXPIRATION DATE 12/31/08 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION City of Santa ana Neighborhood Coring SantaAna 1-0 1 CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Santa Ana APPRUVLU AS TO FOR Attn: Hamid Torkamanh~ P.O. Box 1988 Santa Ana, CA 92702 -:-,\-, --,:, ..Jy L:lLl.ra .." ;..)Ii..'- AS:iistallt City Attof'J.ey President